Thowback Thursday – JAZZ FOR JUSTICE Reply

The historic “Jazz For Justice” tours brought jazz to audiences around the world, defying racial and photo(3)social prejudices and demanding equal treatment for African-American musicians.  At the same time as the civil rights movement, Illinois Jacquet, Charlie Parker, Benny Carter, Erroll Garner, Ella Fitzgerald, Duke Ellington and other jazz greats were in their prime, astounding audiences with their music.

Here are a few legendary Jazz For Justice era recordings:

  • Illinois Jacquet, Nat “King” Cole and Les Paul!  Song: “Blues” featuring Illinois Jacquet’s solo. Album: Complete Jazz at Philharmonic.
  • Charlie Parker!  Song: “Just-Friends.” Album: Charlie Parker with Strings: The Master Takes
  • Benny Carter!  Song: His version of “Flamingo” recoded on tour in Japan in 1953. Album: New Jazz Sounds: The Urbane Sessions
  • Oscar Peterson!  Song: “I Gotta Right to Sing the Blues.” Album: Oscar Peterson et Joe Pass à la Salle Pleyel
  • Ella Fitzgerald!  Song: “C-Jam Blues” is a powerhouse jam session.  Album: Jazz at Santa Monica Civic ’72
  • Erroll Garner! Album: Concert by the Sea

Bravo to these legendary jazz musicians, their audiences, supporters, music and accomplishments.  Music can be powerful vehicle for change.  Music and harmonics resonate.  Let freedom ring.

See also: http://www.npr.org/blogs/ablogsupreme/2011/10/20/141419438/norman-granz-five-recordings-by-the-man-who-used-jazz-for-justice; Jazz at the Philharmonic, or JATP (1944–1983), was the title of a series of jazz concerts, tours and recordings produced by Norman Granz at http://en.wikipedia.org/wiki/Jazz_at_the_Philharmonic; http://www.ucpress.edu/book.php?isbn=9780520267824; @iplegalfreebies and www.kasterlegal.com.

Legal Requirements for Commercial Email Messages Reply

Are you gearing up to send emails to your customers, clients and/or colleagues about your products and services? Keep in mind that commercial email messages are regulated by the CAN-SPAM Act.  The good news is that compliance with the legal photo(2)requirements outlined in the Act isn’t difficult.

Here is a brief rundown of the Act’s main requirements:

  1. Don’t use false or misleading header information – accurately identify the sender of the email
  2. Don’t use deceptive subject lines
  3. Identify the email message as an advertisement
  4. Include your physical postal address in the email so recipients know where you’re located
  5. Tell recipients how to opt-out of receiving future email from you
  6. Honor opt-out requests promptly
  7. If you hire folks to handle your email-marketing, monitor what they are doing on your behalf to ensure compliance with the CAN-SPAM Act.

Here is a short excerpt from the CAN-SPAM Compliance Guide for Business issued by the FTC Bureau of Consumer Protection on compliance:

Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to- business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly. But following the law isn’t complicated.

Check your holiday email blasts twice before sending them out to folks.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

See also:  The CAN-SPAM Act at http://www.gpo.gov/fdsys/pkg/PLAW-108publ187/pdf/PLAW-108publ187.pdf (section 5 lists the requirements for transmission of commercial email messages); the CAN-SPAM Compliance Guide for Business issued by the FTC Bureau of Consumer Protection at http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business; http://www.fcc.gov/encyclopedia/can-spam; @iplegalfreebies and www.kasterlegal.com.

GhostTunes: Garth Brooks launches iTunes competitor and releases his new album Reply

As a Grammy winning artist and a #1-selling solo artist in the U.S., Garth Brooks has interesting leverage and oomph when it Screen Shot 2014-11-11 at 4.43.59 PMcomes to launching a new digital music platform called GhostTunes.  After resisting to sell his music through iTunes or any download store, Garth Brooks has begun selling his music digitally through the newly launched GhostTunes website.  Just this week, Garth Brooks released his new album “Man Against The Machine” on the service for $12.99 or in a “bundle”/package deal with 8 of his other studio albums for $29.99.

Here are a few interesting tidbits about GhostTunes:

  • Users can access the music they buy on GhostTunes on any of their devices instantly (smart phone, tablet, laptop).
  • Taylor Swift is selling her new album “1989” on GhostTunes after publicly pulling her catalog from Spotify.
  • GhostTunes may be selling some music for less than iTunes (According to a WSJ article this week).
  • GhostTunes is allegedly making about 10% less than iTunes and other popular download services by allocating 80% of each song’s sale price to artists, labels, songwriters and music publishers. (According to a WSJ article this week).
  • Artists can create “bundle” deals (like the group sale of several of Garth Brooks albums) for one price.
  • Bundle deals can include more than just music.  For example, concert tickets and merchandise.
  • www.ghosttunes.com

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

See also: GhostTunes at www.ghosttunes.com and www.ghosttunes.com/garth-brooks;  Article in the WSJ by Hannah Karp on 11/10/2014 titled, “Garth Brooks Launches Download Store: GhostTunes, to Debut Tuesday, Will Offer Digital Songs by Thousands of Artists” at http://online.wsj.com/articles/garth-brooks-to-launch-music-download-store-1415594399; @iplegalfreebies and www.kasterlegal.com.

Copyright ≠ Confidential: Key to Tire Litigation & Wrongful Death Claims Reply

Copyrighted works that have been registered with the U.S. Copyright Office are not vested with the same confidential treatment as trade secrets because they are available to the tirepublic.  Each time a person or entity registers an original work with the U.S. Copyright Office, a copy of the work that the applicant wishes to register is submitted along with their application.  This submitted copy of a published, literary work (which is called a deposit copy) is often made available to the public via the Library of Congress and a national network of libraries.

The fact that copyrighted materials are public records and not confidential is a basic principle of U.S. Copyright Law.  This basic principle of copyright law may create big changes to tire litigation and the evaluation of wrongful death claims related to faulty tires.  To date courts have routinely held copyrighted reports containing data on tire safety is inadmissible in tire litigation because, the reports contain trade secrets and are thereby confidential.  However, it seems that the copyright notice on the reports and their availability (upon request) to the public in the stacks at the Library of Congress and other libraries has been routinely overlooked.

Proper application of copyright law in tire litigation could alter the evaluation, treatment and admissibility of copyrighted reports containing data on tire safety.  As a result, copyright law has the potential to impact public safety.

For more information on this topic, See the article titled “The Tire Industry’s Abuse of Copyright Claims and the Corresponding Defenses of Copyright Misuse and Fair Use of Smithers Documents” co-authored by me and my uncle, Bruce Kaster Esq.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

See also: a full bio of Mr. Bruce Kaster who has extensive litigation experience against major tire manufacturers and vehicle manufacturers, including Bridgestone, Firestone, Goodyear, Continental General, Cooper Tire, Ford Motor Company and others at www.tirefailures.com and a copy of our article and other resources at www.tirefailures.com/helpful-resourses.html; @iplegalfreebies and www.kasterlegal.com.

 

 

Female Watson: Great for many reasons including Copyright Reply

WatsonFabulous, smart, strong, witty, problem solving female characters are always great.  Recently, Hollywood has been recasting some traditionally male characters like Watson (from Sir Arthur Conan Doyle’s famous Sherlock Holmes stories) as women.  Additionally, Hollywood has been developing new central characters from the Doyle’s classics.  For example, Watson’s wife (barely mentioned or developed in Doyle’s Sherlock Holmes stories) is becoming a featured charter in the new BBC series based on the literary classic.  Also Lucy Liu is featured as Dr. Joan Watson in Elementary, a new series set in NYC.  This is a great trend for developing new, dynamite leading ladies.

Interestingly, this tend also has potential copyright advantages for the creative folks writing these new leading ladies based on traditionally male roles.  The “copyright advantage” is that creating new original characters by definition creates new character traits, storylines and crime solving adventures which the owners of the new TV series can potentially own, control and monetize to a greater degree than if the stories, characters and adventures are taken from Sir Arthur Conan Doyle’s books.  This is because some of the original story elements and characters from Sir Arthur Conan Doyle’s books and stories, like Holmes and Dr. John Watson, have entered into the public domain and others are still under copyright protection and must be licensed from Doyle’s Estate.  (See this earlier post,  http://wp.me/p10nNq-z8 , for more information on this topic).

I love Lucy Liu as Dr. Joan Watson!  How about a lady Holmes, next?  Holmes

Happy Halloween!

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

See also: earlier blog posts on the topic of “public domain,” http://iplegalfreebies.wordpress.com/category/public-domain/; other copyright and public domain resources, http://www.copyright.gov, http://copyright.cornell.edu/resources/publicdomain.cfm, http://creativecommons.org/publicdomain/; @iplegalfreebies and www.kasterlegal.com.

Does Richard Prince’s New Exhibition Feature Instagram Photos? Reply

Each piece in Richard Prince’s new exhibition at the Gagosian Gallery on Madison Avenue in NYC appears to be a screenshot of someone else’s Instagram post that Prince has commented on and then printed onto canvas …and is selling through the Gallery.  This novel exhibition is fascinating; because, it is an example of mining content posted to a social media website under broad licensing and terms of use.

Social media websites generally allow users to post content, including photographs, under the website’s terms of use that grant a broad license to the posted content. Users generally retain ownership to posted content under the terms of social media websites. However, monitoring who uses the content and whether or not permission is needed when other folks use content posted to social media can get murky and varies depending upon the website’s Terms of Use.

For example, the Terms of Use posted to Instagram includes the following language:

“you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service.”

“Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the Service, please change your profile setting. Once you have shared User Content or made it public, that User Content may be re-shared by others.”

Instagram and other social media website do give users ways to report violations including copyright infringements and can (and often do) disable or delete accounts of users who repeatedly violate other users and the website’s Terms of Use. Back to Richard Prince, I read that his Instagram account has been turned on and off more than once. Evidently, this has become a flattering statement regarding the artist’s edginess. Since, Prince is a celebrity artist; Instagram may earn virtual cache by having him as a user. As far as the folks whose Instagram photos appear to be featured in Prince’s exhibit (New Portraits, at the Gagosian) I recognized a few celebrity faces and haven’t read about any objections or lawsuits.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

See also: for more information about Richard Prince and his exhibition titled New Portraits at the Gagosian Gallery through October 25th, see: http://www.gagosian.com/artists/richard-prince, http://www.gagosian.com/exhibitions/richard-prince–september-19-2014 and http://www.richardprince.com/bio/; for more information about the exhibit see: http://www.supertouchart.com/2014/09/23/first-look-richard-prince-new-portraits-at-gagosian-madison-ave/, http://hyperallergic.com/152762/richard-prince-inc/, http://www.vulture.com/2014/03/how-richard-prince-got-kicked-off-instagram.html; See also Instagram’s Terms of Use and Privacy Policy (note that the terms are subject to change): http://instagram.com/about/legal/terms/# and http://instagram.com/legal/privacy/#@iplegalfreebies and www.kasterlegal.com.

 

Own a .NYC Web Address for $25-$50 1

The open registration phase for purchasing .NYC web addresses has begun.photo

COST: .NYC web addresses can be purchased for an annual fee of $25-$50 from a variety of retailers. You may want to comparison shop between the retailers to find the best deal. (A  list of available retailers is available at www.ownit.nyc/register after running a name search)

WHO IS ELIGIBLE: Any person, business, or organization with a physical address within the five boroughs can register a .NYC web address

THE FIRST STEP: Search for .NYC web address availability at http://www.ownit.nyc or https://www.godaddy.com/tlds/nyc?isc=ownitnyc

.NYC web addresses are a new breed of web addresses linked to a city domain. While we are all familiar with country domains like .au, .it, .fr, .ca, .de and .uk (Internet top-level domains, TLDs, for countries) regional domains are now available for cities to apply for.  As far as I know, .NYC is one of the first city domains to be launched.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

See also: An earlier blog post on .NYC at http://wp.me/p10nNq-CK;  Frequently Asked Questions about .NCY at http://www.ownit.nyc/faq and http://www.ownit.nyc/what-it-is; ICANN website for more information on new generic top level domains (gTLDs) at http://newgtlds.icann.org/en/; @iplegalfreebies and www.kasterlegal.com.

Can I copyright my website’s content? Reply

Yes – copyright is a form of intellectual property that protects original works of authorship copyrightincluding content on a website. For example, original text, videos, graphics, animation, photographs, music, sound recordings, illustrations, translations and other original content featured on a website can be copyrighted.

Two ways to use copyright to protect original content on a website are: 1) to use a copyright notice on the website, and 2) copyright registration with the U.S. Copyright Office.

A few points to keep in mind regarding copyrighting website content:

  • Using a date range in the copyright notice may be beneficial if new content is posted periodically.  For example, © 2011-2014 Ima Starr.  All rights reserved.
  • An application for copyright registration only covers the original content that is submitted with the application and will not include future updates.
  • If content on the website is updated frequently, it may be a good idea to file new applications for copyright registration periodically, as needed.
  • The author, creator, and owner of the content may or may not be the same person. This is an important component to consider and sort out before applying for copyright registration.
  • If the website features original creative content such as books, music, jewelry designs, photographs, architectural designs, fabric designs, photographs or other original works of authorship it may be a good idea to also register these works with the U.S. Copyright Office before making them available on the website.
  • Note, that copyright does not protect names, logos, titles or slogans. In some cases, these may be protectable as trademarks.

Here are links for more information on how to write a copyright notice, adding a copyright notice to a website and applying for copyright registration with the U.S. Copyright Office.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

See also: U.S. Copyright Office Circular 66 titled, Copyright Registration for Online Works at http://copyright.gov/circs/circ66.pdf and U.S. Copyright Office on “What does copyright protect” at http://copyright.gov/help/faq/faq-protect.html#idea; @iplegalfreebies and www.kasterlegal.com.

Copyright Infringement: may not feel illegal but it is Reply

Three truths about copyright infringement:copyright

  • Making bootlegged copies of copyrighted movies available online for other folks to download and stream is a crime: copyright infringement
  • The Motion Picture Association of America and other associations, artists and content owners spend time and money tracking down folks who are infringing their copyright
  • Comments posted to an online forum acknowledging copyright infringement can be incriminating (despite a gleeful or playful tone).

According to a recent article in the NY Times, one of the founders of NinjaVideo served 16 months in prison for conspiracy and criminal copyright infringement. For more details on the NinjaVideo story, see the NY Times Article titled, “The Unrepentant Bootlegger” by Jenna Wortham on 9/28/14.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

@iplegalfreebies and www.kasterlegal.com.

Inheriting Copyright – Who is Vivian Maier’s closest living relative? Reply

Copyright can be inherited and passed onto heirs just like other assets and property.  For example, the copyright in books, plays, music, photographs, speeches and other original, copyrighted and copyrightable materials may be bequeathed by will or pass at the death of the copyright owner as personal property by the applicable laws of intestate succession.   (Copyright does extend beyond the death of the author, photographer, playwright or creator of the work for a limited term – often life of the author plus 70 years).

Vivian Maier, self portrait

Vivian Maier, self portrait

As per a recent article in The New York Times, a court battle over the copyright to the recently discovered photographs taken by the deceased photographer Vivian Maier has begun.  Evidently, the young entrepreneur who has begun promoting, printing, displaying and using Vivian Maier’s photographs (after purchasing boxes of Vivian Maier’s negatives at auction) may not have tracked down, gotten permission from and paid the appropriate heir/s of Vivian Maier.  Who is Vivian Maier’s closest living relative?  This question will be key to the litigation.

This scenario of determining who the closest living relative is to a deceased creator (whose creative work was secret or unknown during their lifetime) may become more common now that the internet can be used as a fast and easy way to disseminate creative content and generate an online following and market for previously unknown works.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

See also: The New York Times article titled, The Heir’s Not Apparent, by Randy Kennedy on 9/6/2014; U.S. Copyright Office Circular 12 titled, Recordation of Transfers and other Documents at http://copyright.gov/circs/circ12.pdf; U.S. Copyright Office Circular 15a titled, Duration of Copyright at http://www.copyright.gov/circs/circ15a.pdf; @iplegalfreebies and www.kasterlegal.com.